Disposed¶12

Suresh Rai v. State of U.P. and 4 Others

Allahabad HC10 Apr 2025WRIA/3401/2025

Case brief

AI extract

What is this about?

Commuted pension restoration period; 15 years versus 10 years 11 months / 11 years; Uttar Pradesh Civil Pension (Commutation) 1941; G.O. dated 08.12.2008 (Finance General Section-3, U.P.); certiorari and mandamus prayers; deduction and refund of commuted pension amounts; petition covered by and disposed of in terms of Sudhir Kumar Agarwal Vs. Union of India and others, Writ-A No.12596 of 2024, judgment dated 1.4.2025; Allahabad High Court, 2025.

What did the court decide?

Writ petition disposed of in terms of the judgment dated 1.4.2025 passed in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others); no independent relief adjudicated in this order. ¶12

Suresh Rai vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 15-year restoration period for commuted pension prescribed in the Uttar Pradesh Civil Pension (Commutation) 1941 as amended by the G.O. dated 08.12.2008 should be quashed, and restoration of commuted pension allowed after 10 years 11 months or at best 11 years instead of 15 years. +1 more

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Ratio / Principle

Since the controversy raised in the writ petition had already been decided by this Court's judgment dated 1.4.2025 in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others) and learned counsel for the petitioner did not dispute that the petition is covered by the law laid down therein, the writ petition is disposed of in terms of that judgment.

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Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), WRIT-A No. 3401 of 2025, decided 16.5.2025: Petitioner Suresh Rai sought (i) certiorari quashing the 15-year restoration period for commuted pension in the Uttar Pradesh Civil Pension (Commutation) 1941 as amended by G.O. No. ससखययसय -3-1508/दस -2008-308-97 dated 08.12.2008 (Finance (General) Section-3, State of U.P.), (ii) mandamus for restoration of commuted pension after 10 years 11 months or at best 11 years instead of 15 years, (iii) cessation of deduction of the commuted portion after that period during pendency, and (iv) refund of excess amounts recovered from pensioners. Learned Standing Counsel submitted that the controversy had already been decided by this Court's judgment dated 1.4.2025 in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others) and that the present petition was covered by the law laid down therein; petitioner's counsel did not dispute this. The writ petition was accordingly disposed of in terms of that judgment.

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Neutral Citation No. - 2025:AHC:81094

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Court No. - 7 Case :- WRIT - A No. - 3401 of 2025 Petitioner :- Suresh Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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The writ petition is filed with the following prayer:

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"I. issue a writ, order or direction in the nature of certiorari quashing the provisions stating restoration period as 15 years in Uttar Pradesh Civil Pension (Commutation) 1941 as amended by G.O. No. ससखययसय -3-1508/ दस -2008-308-97 dated 08.12.2008 issued by Finance (General) Section-3 of State of Uttar Pradesh contained in annexure nos.2 and 3 to this writ petition after summoning the records.

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II. issue a writ, order or direction in the nature of mandamus, for restoration of the commuted pension after expiry of 10 years 11 months or at best 11 years instead of 15 years as provided in the G.O. dated 08.12.2008.

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III. issue a writ, order or direction in the nature of mandamus directing the Respondents not to deduct the amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years during the pendency of this Writ Petition before this Hon'ble Court.

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IV. issue a writ, order or direction in the nature of mandamus to refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the pensioners."

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It is submitted by learned Standing counsel that the controversy has already been decided by judgment dated 1.4.2025 passed in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others) and the present writ petition is covered by the law laid down by this Court in the aforesaid judgment.

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Learned counsel for petitioner does not dispute the aforesaid fact.

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In view of aforesaid, the writ petition is disposed of in terms of judgment dated 1.4.2025 passed in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others).

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Order Date :- 16.5.2025

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D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Suresh Rai v. State of U.P. and 4 Others

Case brief

What is this about?

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Suresh Rai v. State of U.P. and 4 Others

Case brief

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